DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04052-07
12 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 September 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you were involuntarily ordered to active
duty on 29 September 2002. On 4 November 2002, you submitted a
request to reenlist in the Marine Corps Reserve (USMCR) for a
period of six years. The request was approved on or about 27
December 2002, and you reenlisted for a term of four years on 17
January 2003. Due to apparent administrative error, the
enlistment contract indicates that you were enlisting in the
Marine Corps rather than the USMCR. You completed a pre-
separation counseling checklist on 15 October 2003, in which you
identified yourself as a member of the USMCR. You were honorably
released from active duty on 16 October 2003, and issued a DD
form 214 which indicates that your service component was “USMCR-
KM”. You completed your 16th year of service qualifying for
reserve retirement on 6 June 2004, but none thereafter. You were
honorably discharged on or about 16 January 2003, upon the
expiration of your enlistihent.
The Board concluded that you reenlisted in the USMCR on 17
January 2003, rather than the USMC, and that you did not have
the right to be retained on active duty beyond 16 October 2003.
It was clearly your intent to reenlist in the USMCR, and there
is no indication in the available records that Headquarters
Marine Corps authorized you to enlist in the USMC. In addition,
you represented yourself as a member of the USMCR when being
processed for release from active duty in 2003, and did not
attempt to remain on active duty at that time. As you were not
on active duty when you sustained a heart attack in 2006, there
is no basis for correcting your record to show that you were
retired by reason of physical disability, or discharged with
entitlement to disability severance pay.
The Board was not persuaded that it would be in the interest of
justice to correct your record to show that you completed 20
years of service qualifying for reserve retirement, rather than
the 16 years of service shown in your record. As you were not a
member of the Selected Reserve prior to your discharge in 2007,
there is no basis for correcting your record to show that you
are eligible for reserve retired pay at age 60 in accordance as
in accordance with 10 U.S. Code 12731b. In addition, the Board
noted that it does not have the authority to direct the
Department of Veterans Affairs to grant requests for service
connection and/or disability ratings.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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